newuser
05-14 04:53 PM
Thanks for the update and we all support your efforts.
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chaukas
06-22 01:26 PM
Shouldn't the FBI follow the Innocent until proven guilty rule.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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gc_on_demand
11-20 12:39 PM
Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them
But if they want CIR then we cannot be on anti immigant side. If we sit on anti side we loose what ever we will get in CIR. We can educate lawmakers to add more stuff for us in CIR. I dont think we can be priority when this CIR things will start.. we had only chance for last year that we lost. ( HR 5882 ). As CIR storm begins in next year it will be in our favor to go with it.. ( I dont tihnk so we even have choice ). we are in such minority against illegal people that hardly they will notice us but becasue of business ( Corporate ) only they will add some stuff for us. I heard recently on NPR ( and on CNN ) china is back on sending student again. US unis giving more visas to raise money from fees so NAFSA will also try to add some for US educated.
But if they want CIR then we cannot be on anti immigant side. If we sit on anti side we loose what ever we will get in CIR. We can educate lawmakers to add more stuff for us in CIR. I dont think we can be priority when this CIR things will start.. we had only chance for last year that we lost. ( HR 5882 ). As CIR storm begins in next year it will be in our favor to go with it.. ( I dont tihnk so we even have choice ). we are in such minority against illegal people that hardly they will notice us but becasue of business ( Corporate ) only they will add some stuff for us. I heard recently on NPR ( and on CNN ) china is back on sending student again. US unis giving more visas to raise money from fees so NAFSA will also try to add some for US educated.
more...
kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
quizzer
11-01 05:39 PM
Hello,
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
more...
GCard_Dream
07-13 05:45 PM
I don't think you can do that, can you? I think it kind of defeats the purpose, however.
You can add to your own reputation by clicking the "balance" icon.
Thanks,
Jayant
You can add to your own reputation by clicking the "balance" icon.
Thanks,
Jayant
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anilsal
08-21 02:04 PM
not only that you got GC but also you made a one time contribution to IV.
more...
ebizash
07-24 05:06 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
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senthil1
05-09 11:58 PM
As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.
more...
immi_seeker
07-12 08:31 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
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What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
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lazycis
09-29 09:50 AM
Hello Everyone,
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314
more...
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ksircar
07-01 01:52 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Please read the discussion threads under Student aid at the EAD stage .
Thanks
Please read the discussion threads under Student aid at the EAD stage .
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Roger Binny
07-25 04:42 PM
No idea what to say, yes they have all rights but doesn't this never ends?
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
more...
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mrdelhiite
08-07 10:42 AM
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
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eb3retro
03-15 01:15 PM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
more...
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jettu77
11-19 10:04 AM
I also received only 2 AP papers. Does it matter.
I checked my case online on 11/09/07 and found that AP of my spouse and
myself have been approved.
Today my attorney sent the document and on my spouse's AP document
the Date issued is //199 at the top right corner. It should have been a correct date and not //199
and in the paragraph below
.....presentation of the original of this document prior to //199 allows a customs....
I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.
If anyone had this same issue please reply as to what needs to be done.
Thank you...
I checked my case online on 11/09/07 and found that AP of my spouse and
myself have been approved.
Today my attorney sent the document and on my spouse's AP document
the Date issued is //199 at the top right corner. It should have been a correct date and not //199
and in the paragraph below
.....presentation of the original of this document prior to //199 allows a customs....
I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.
If anyone had this same issue please reply as to what needs to be done.
Thank you...
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01-19 05:15 PM
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FKFish
01-31 12:18 PM
Great. Thank you all very much. :)
kookoo
08-03 07:20 PM
If the letter was already sent to the USCIS can i stop further processing of my application?
austindesi
07-15 11:19 AM
I am in Austin, Texas.
Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?
Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?
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